Tameshwar Singh @ Kaju v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 264 of 2016

1. Tameshwar Singh @ Kaju, S/o. Ramdulare @ Kirtan Rathore, aged about 30 years, Caste-Rathore, R/o. Village-Bhadaura (Vicharpur), Police Station - Gourela, District - Bilaspur (C.G.) ----Applicant

Versus

1. State Of Chhattisgarh, Through : Station House Officer, Police Station Gourela, District - Bilaspur (C.G.) ---- Respondent For Applicant : Mr. Dhirendra Mishra, Advocate For Respondent/State : Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/01/2016 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.351/2015, registered at Police Station - Gourela, District - Bilaspur (C.G.) for the offence punishable under Section 20-B of Narcotic Drugs Psychotropic Substances Act.

2.

Case of the prosecution, in brief, is that on the basis of the secrete information, the applicant while was carrying the cannabis for sale was intercepted and on search being made 8.900 kg cannabis were recovered from the possession of the applicant. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He would further submit that no recovery has been made from the applicant. He would further submit that charge-sheet in this case has been filed and the applicant is in jail since 10.11.2015, therefore, the counsel prays that the applicant may

Page No.2 be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Perused the case diary and the statement and the seizure, prima-facie it appears that from the possession of the applicant 8.900 kg. cannabis is recovered. Taking into the quantity of the cannabis seized, this Court is not inclined to release the applicant on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram